Garin seeks dismissal of raps over Dengvaxia deaths

Former health secretary Janette Garin yesterday denied any criminal liability for the deaths of nine children inoculated with the controversial Dengvaxia vaccine.

Garin again appeared before the Department of Justice (DOJ) to ask for the dismissal of the charges for reckless imprudence resulting in homicide, torture resulting in the death of a person and the torture of a child under Republic Act 9745 (Anti-Torture Act), obstruction of justice, and corruption.

Last June 4, she also appeared to deny the charges of multiple homicide and physical injuries, malversation of public funds, corruption and violations to the Government Procurement Reform Act filed by the Volunteers Against Crime and Corruption and Vanguard of the Philippine Constitution Inc. against her, former president Benigno Aquino III and former budget secretary Florencio Abad.

In seeking a dismissal, Garin cited the lack of probable cause and insufficiency of evidence in the deaths of schoolchildren Aejay Bautista, Angelica Pestilos, Lenard Baldonado, Zandro Colite, Abbie Hedia, Jansyn Bataan, Mark Axel Ebonia, Rey Justin Almagno and Alexander Jaime.

“Contrary to the malicious, twisted and baseless accusations of the complainants and the corresponding report and recommendation memorandum (Public Attorney (PAO)’s Office Report and Memorandum), the Dengue Immunization Program was implemented after a thorough evaluation process as to its necessity and urgency, as well as the readiness of the government to undertake the same,” her counter-affidavit read.

She also alleged: “The decision was backed up with studies that date back several years, conducted by private and public institutions, both locally and internationally.”

Garin insisted that she cannot be held liable for reckless imprudence resulting in homicide considering that the procurement of Dengvaxia underwent thorough process and that its supposed “theoretical” risks were not yet supported by any data at the time of its implementation.

Thus, she said, there is no basis for PAO, which represents the complainants, to allege that she “maliciously and arbitrarily” failed to inform the public of the dangers and risks related to the vaccine.